THE ROLE OF LEGAL DOCTRINE IN THE MODERN LEGISLATIVE PROCESS: SCIENTIFIC INFLUENCE ON THE FORMATION OF LEGAL NORMS

Abstract

The article highlights conceptual approaches to understanding legal doctrine as one of the key factors of modern lawmaking. The author establishes that the doctrine in the conditions of dynamic development of society and law performs not only a purely theoretical, but also a practical function, since it provides a scientific basis for the formation of high-quality and stable legal norms. It is proved that modern processes, as well as the reform of the legal system of Ukraine, require greater reliance of lawmaking on scientific developments and legal ideas.It is substantiated that the use of legal doctrine in the lawmaking process contributes to improving the quality of legislation, eliminating contradictions between norms, and bringing the national legal system closer to European standards. The need for systematic implementation of the results of doctrinal research into the practice of lawmaking is argued, which in particular involves the active involvement of scientists in the examination of draft regulatory legal acts. The article also highlights the role of doctrine in ensuring legal certainty, stability of the legal order, and the formation of a single legally-minded culture.Based on the research conducted, it was determined that the legal doctrine in the modern law-making process of Ukraine connects legal science and the practice of the law-making process. Its scientific influence on the formation of norms is multidimensional, starting with the conceptual understanding of the basic principles of law and including the formulation of specific legal structures that form the basis of regulatory provisions. It is proven that the failure to take the doctrine into account in law-making activity leads to the fragmentation of legislation and complicates its application.The need to develop a state strategy for integrating legal doctrine into the processes of developing and adopting laws is substantiated, which meets not only the internal needs of the legal system of Ukraine, but also the challenges of the European integration course. It is argued that only through close interaction of scientific ideas and law-making practices is it possible to achieve the true rule of law and build an effective system of legislation capable of meeting the needs of a modern democratic society.